of such bridge, in accordance with such plan ; pro-
vided, that no railroad company shall be authorized
to construct any permanent bridge over any canal
of this state which shall be less than twelve feet in
the clear above the top water line of said canal ; and
the piers and abutements of such bridge shall be
placed so as not in any manner to contract the width
of the canal or interfere with free passage on the tow-
ing path.

Proviso.

Height of
bridges.

242. Whenever the lines of railroad of any railroad
companies in this state, or any portions of such lines,
have been or may be constructed, so as to admit the
passage of burden or passenger cars over any two or

Ibid. s. 21.

more of such roads continuously, without break or
interruption, such companies are hereby authorized to
consolidate themselves into a single corporation, in the
manner following:

Connecting
companies
may consoli-
date.

The directors of said two or more corporations may
enter into an agreement, under the corporate seal of
each, for the consolidation of the said two or more
corporations, prescribing the terms and conditions
thereof, the mode of carrying the same into effect,
the name of the new corporation, the number of the
directors thereof, which shall not exceed thirteen, the
time and place of holding the first election vof direc-
tors, the number of shares of capital stock in the new
4

Mode of con-
solidation.

ART. 26.] CORPORATIONS.
the board of public works, said court or judge shall,

45

upon good cause shown, appoint a competent, disin-
terested engineer, not a resident of any county through
which said road passes, to examine such crossing and
to prescribe the plan and condition thereof, so as not
to impede navigation ; and such engineer shall, within
twenty days from his appointment, make his return to
the circuit court of the county where such crossing is
to be made, subject to exception by either party ; and
thereupon the court shall, at the next term after the
filing of said return, proceed to examine the same, and
unless good cause is shown, shall approve and confirm
the same, and such order of confirmation shall be suf-
ficient authority for the erection, use and occupancy

Court may ap-
point engineer
to report